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Mitigation

In most employment law claims for severance, constructive dismissal, wrongful dismissal or other dismissal claims, an employee is required to take steps to try to minimize the damages that he or she has suffered or claims to have suffered. This legal obligation is referred to as “mitigation”.

Mitigation can affect an employee’s claim in one of two ways. First, if an employee secures other work or earns other income during the period of their employment law claim, the income earned will reduce the damages that he or she would otherwise be awarded. Second, an employee has an obligation to look for other work to try to minimize his or her losses. If an employee does not adequately or reasonably look for other work, then his or her claim can also be reduced by a judge.

If you are involved in any type of dismissal-related claim against your former employer, it is important that you get strategic advice from a lawyer who knows how mitigation can affect your claim. Whitten & Lublin Employment & Labour Lawyers have handled thousands of claims where mitigation is in play. Don’t take a chance with your case. Call the lawyers at Whitten & Lublin for our expertise.